| THE PEOPLE V MICKEY A. JACOBS, ALSO KNOWN AS MICKEY JACOBS |
| Motion No: KA 12-00412 |
| Slip Opinion No: 2012 NY Slip Op 68683(U) |
| Decided on March 27, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00412
SCI No: 10-96
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICKEY A.
JACOBS, ALSO KNOWN AS MICKEY JACOBS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court, rendered February 23, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated February 24, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely served and filed the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: March 27, 2012
Frances E. Cafarell, Clerk